Waldman v. Stone, No. 16-5160 (6th Cir. 2017)Annotate this Case
Waldman defrauded Stone more than a decade ago. In Waldman’s first appeal, the Sixth Circuit found ample evidence that Waldman and attorney Atherton defrauded Stone, but vacated the judgment on grounds unrelated to the merits. The district court entered a new judgment, awarding Stone over $1 million in compensatory damages and $2 million in punitive damages. The Sixth Circuit again affirmed that defendants committed fraud, but reduced Stone’s compensatory damages to $650,776, vacated the determination of joint and several liability, and remanded for the limited purpose of apportioning liability. The district court found defendants each 50% responsible for Stone’s damages and reduced the punitive damages to $1.2 million to retain the 2:1 ratio of punitive to compensatory damages. In Waldman’s third appeal, the Sixth Circuit granted Stone’s request for $4,157.50 in sanctions (his attorney’s fees in the third appeal). Waldman’s arguments concerning the award of punitive damages and the ratio were “patently beyond the scope of our limited remand and therefore out of bounds in this appeal” and had been waived; they were legally frivolous. Waldman’s arguments concerning apportionment of responsibility essentially argued, for a third time, that he did not commit fraud, and were also frivolous. His argument that Stone bore some fault for his damages because he should have uncovered Waldman’s fraud sooner was plainly meritless.
This opinion or order relates to an opinion or order originally issued on December 6, 2016.